Transgender Studies: An India Case Study

[The author Vibhuthi Bhardwaj is a second-year BA (H) Geography student from Miranda House, Delhi University. She was a research intern with Niti Manthan Summer School 2019 Gender Studies project.]

INTRODUCTION

The historically renowned transgender community has been a part of India’s social set up since the very beginning but never recognized as a reputable part of the society. Hijra is a term traditionally used in south-east Asia for transgender women who were born male and roughly translates to eunuch or hermaphrodite. The role and value of this community in accordance with the sacred Hindu texts condenses to the performance of blessings at marriage and birth ceremonies for good fortune. With the advent of British Raj in the 19th century, the acts of “cross-dressing” were registered as a criminal offence and if repeatedly such offences were committed, imprisonment followed. Thus, began the criminalization of Hijras. Today, although legally supported and socially empowered as compared to earlier times, hijras are still subject to transphobic discrimination-associated violence, poverty, and segregation. The Supreme Court ruling of April 2014 set the path to acceptance of this community in motion. For the first time, hijras were legally recognized as a third gender in the official documentation. Government-set quotas were provided to increase access to job and educational opportunities for newly-defined third sex citizens — an estimated half a million-two million population. It also meant hugely important changes to social care through grants and welfare benefits and supposed protection by the Indian police service. Of course, this was a huge development within Indian law and a victory for the Trans Community, globally. But for an isolated community subject to age-old prejudices, how much did constitutional visibility encourages societal tolerance? For the most part, it didn’t. Evidently, there is always a difference between policy and reality. Of the allocated number of third gender skills training programmes and college scholarships set out by the court ruling, more than a year later nearly all government and educational institutions had failed to put these into practice. Recent reports estimate about 80% still relying on dancing, sex work, or begging to make ends meet. Exclusion from any viable means of employment meant they remained on the very fringes of society — still vulnerable to poverty, extortion and violence.

RESEARCH OBJECTIVE

The following research paper continues to focus on the transgender community, the problems faced by them and the ground realities of their situation. The problems faced by this community are on several grounds such as social standing, financial security and even medical requirements. The objective of the research is to address these problems with the help of facts and legal processions of the country to find out the better options that can be laid before them for improvisation of their lifestyles. To know the present and to work on future prospects, the history must be thoroughly examined which has shaped the contemporary scenario. The inclusion and exclusion from society and social tolerance towards this community are required to be examined. Also, the paradoxes against the stereotypes formed from a long time need to be rechecked.

HISTORY

There was historical evidence of recognition of “third sex” or persons not conform to male or female gender in near the beginning writings of ancient India. Lord Rama, in the epic Ramayana, was leaving in the forest upon being banished from the kingdom for 14 years, turns around to his followers and asks all the ‘men and women’ to return to the city. Among his followers, the hijras alone did feel bound by this direction and decide to stay with him. Impressed with their loyalty, Rama sanctioned them the power to confer blessings on people on auspicious occasions like childbirth and marriage, and also at inaugural functions which, it was supposed to set the stage for the custom of badhai in which hijras sing, dance and confer blessings. Aravan, the son of Arjuna and Nagakanya in Mahabharata, offer to be sacrificed to Goddess Kali to ensure the victory of the Pandavas in the Kurukshetra war, the only condition that he made was to spend the last night of his life in marriage. Since no woman was willing to marry one who was doomed to be killed, Krishna assumes the form of a beautiful woman called Mohini and married him. The Hijras of Tamil Nadu considered Aravan their progenitor and call themselves Aravanis. The Mughal Ruling period witnessed the portrayal of this community on significant positions and they held responsibilities of political advisors, administrators, generals as well as guardians of the harems. Considered trustworthy, they possessed access to all places and managed the same in a clever manner, thus playing a crucial role in the building of the Mughal Empire and politics while being extremely loyal. The Hijras also occupied high positions in the Islamic religious institutions, especially in guarding the holy places of Mecca and Medina the person of trust, they were able to influence state decisions and also received a large amount of money to have been closest to kings and queens. Thus hijra frequently states the role of their status in that period.

SOCIAL TOLERANCE

Social Exclusion Framework is increasingly used in highlighting the issues and problems faced by disadvantaged and disenfranchised groups. Adapting the Social Exclusion Framework to Hijras/TG women, one can understand how TG communities have been excluded from effectively participating in social and cultural life; economy; and politics and decision-making processes.

Exclusion from family and society in general, Indians tolerate, accept, and respect a wide range of differences in cultures, religions, languages, and customs. Despite Indian society's general climate of acceptance and tolerance, there appears to be limited public knowledge and understanding of same-sex sexual orientation and people whose gender identity and expression are incongruent with their biological sex. Human rights violations against sexual minorities including the transgender communities in India have been widely documented. Most families do not accept if their male child starts behaving in ways that are considered feminine or inappropriate to the expected gender role. Consequently, family members may threaten, scold or even assault their son/sibling from behaving or dressing-up like a girl or woman. Some parents may outright disown and evict their own child for crossing the prescribed gender norms of the society and for not fulfilling the roles expected from a male child. Parents may provide several reasons for doing so: bringing disgrace and shame to the family; diminished chances of their child getting married to a woman in the future and thus end of their generation (if they have only one male child); and perceived inability on the part of their child to take care of the family. Thus, later transgender women may find it difficult even to claim their share of the property or inherit what would be lawfully theirs. Sometimes, the child or teenager may decide to run away from the family not able to tolerate the discrimination or not wanting to bring shame to one's family. Some of them may eventually find their way to Hijras communities. This means many Hijras are not educated or uneducated and consequently find it difficult to get jobs. Moreover, it is hard to find people who employ Hijras/TG people. Hijras face discrimination even in healthcare settings. Often, healthcare providers rarely had the opportunity to understand the sexual diversities and they do not have adequate knowledge about the health issues of sexual minorities. Thus, TG people face unique barriers when accessing public or private health services. Barriers in accessing HIV testing, antiretroviral treatment and sexual health services have been well documented.

Exclusion from Political Participation and Lack of legal recognition has important consequences in getting government ration (food-price subsidy) shop card, passport, and bank account. Transgender people now have the option to vote as a woman or 'other'. Legal issues can be complex for people who change sex, as well as for those who are gender-variant. Legal issues include legal recognition of their gender identity, same-sex marriage, child adoption, Inheritance, wills and trusts, immigration status, employment discrimination, and access to public and private health benefits. Especially, getting legal recognition of gender identity as a woman or transgender woman is a complicated process. However, the legal validity of the voter's identity card in relation to confirming one's gender identity is not clear. Hijras had contested elections in the past. It has been documented that the victory of a transgender person who contested in an election was overturned since that person contested as a 'female', which was thus considered fraud and illegal. Thus, the right to contest in elections is yet to be realized.

Exclusion from Economic Participation and Lack of Social Security, Hijras/TG communities face a variety of social security issues. Since most Hijras run away or evicted from home, they do not expect support from their biological family in the long run. Subsequently, they face a lot of challenges especially when they are not in a position to earn or has decreased earning capacity due to health concerns, lack of employment opportunities, or old age. . Some of the important issues and concerns faced by Hijras/TG communities in relation to social security measures are given below. Lack of livelihood options most employers deny employment for even qualified and skilled transgender people. Sporadic success stories of self-employed Hijras who run food shops, or organize cultural programs are reported in some states. However, those are exceptions. Lack of livelihood options is a key reason for a significant proportion of transgender people to choose or continue to be in sex work - with its associated HIV and health-related risks.

CASE STUDY

For a better insight into the realities of the transgender community, I wandered around West Delhi neighbourhood and soon came across a group of these people going to a temple where they sat around and chatted. Talking to them I was introduced to this group of Assamese women where Bobby, 24 years old seemed to be holding the group together. Born in a small town of Assam, Bobby realized her real identity through her guru whom she met at a local organization of Ram Leela in her hometown. Moved to Delhi soon after and now has been settled here for almost 9 years, adjusted to all the circumstances and stereotypes while showing utmost dedication towards Guru and the community which has now become her new family where everybody respects one another and looks out for each other. When asked about her realization and the process of ‘coming out’ with this identity we were informed that with the beginning of her teenage, at the age of 13, her guru introduced her to the word and the world of Transgender community. Born a biological transgender, no physical modifications were made by her and no surgeries performed except dressing up and behavioural changes. The social standing is far from societal acceptance in Assam but Delhi people have been more considerate. She still stays in contact with the family who accepts her new life but can't live together since the neighbourhood outcast-ed her. Quite satisfied with the situation of law and order, improvements in the field of employment opportunities in the sense of more respectable jobs and acceptance in the society is desired. Living in Shadipur with her sisters and Guru, the people around show support unlike back in her hometown. All the basic amenities are available and shared among the group. A strong believer of adjusting and accepting the hardships and being satisfied with what she possesses, Bobby seems satisfied with her conditions but that is just because she thinks no better help can be provided and her guru and sisters are all the family she has got. She anyway hopes and looks forward to a better future for all the people like her. Here is a picture of Bobby and her new family –

CONCLUSION

After keen observation and reading facts and texts the conclusion can be drawn that things we have heard and seen portray harsh contrast with the personal opinions of the community on the broad overview. Countless issues are associating with the gender identity of the transgender community such as discrimination, Persistence of stigma, lack of educational facilities, unemployment, lack of shelter, lack of medical facilities like HIV care and hygiene, depression, hormone pill abuse, tobacco and alcohol abuse and problems relating to marriage, property, electoral rights, adoption, alienation from family and society, absence of sensitivity, insecure life, forced sex work and begging. Social stigma includes being disempowered due to the labelling and negative generalized attitude towards such members who are forced to work as sex workers or sex solicitors. Without the adequate implementation of legal policies and necessary social awareness, the marginalization of transgender will not be changed.

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REFERENCES :

1. Socio-Cultural Exclusion and Inclusion of Trans-genders in India, K. Delliswararao and C. Hangsing (2018) Int. J. Soc. Sc. Manage. Vol. 5, Issue-1: 10-17
2. http://itequals.com/gender/social-status-indias-hijra-community/
3. https://en.wikipedia.org/wiki/Hijra_(South_Asia)